Theft
Theft is the unlawful taking of someone else's property with the intent to permanently deprive the owner of it. It is considered a criminal offense and is punishable by law. The specific elements of theft may vary by jurisdiction, but generally involve the unauthorized appropriation of another person's belongings.
7 Key excerpts on "Theft"
eBook - ePub- C. Walsh, Edward Phillips, P. Dobson, Edward Phillips, P. Dobson(Authors)
- 2001(Publication Date)
- Routledge-Cavendish(Publisher)
...The basic definition of Theft, in s 1, as the dishonest appropriation of another's property, whether for gain or otherwise, with an intention permanently to deprive, was and remains, shocking in its simplicity. It applies through the whole spectrum of ‘stealing’, from shoplifting and pickpocketing to professional and organised thievery and deception. Consequently, it does not detract from the achievements of the CLRC to observe that changes are needed 30-odd years later. The law on Theft has had to deal with issues that could not have been anticipated at that time: for instance, the use of credit and charge cards, together with electronic methods of money transfer. Moreover, the provisions in the Act often sit uneasily with more recent changes in other areas of the law. This requires that the student and the practitioner, no less than the commentator, should consider much broader contexts: In considering criminal law's construction of property offences, we should not, however, confine our view to the TAs. We need to bear in mind the laws relating to criminal damage, computer misuse, conspiracy to defraud, offences relating to forgery and counterfeiting, criminal nuisances or trespasses and, indeed, offences relating to terrorism and hijacking which may have considerable implications for property holdings...
eBook - ePub- Rodger Geary(Author)
- 2012(Publication Date)
- Routledge-Cavendish(Publisher)
...Chapter 6 Offences Against Property (1) Theft Definition The basic definition of Theft is to be found in s 1(1) of the Theft Act 1968, which provides that a person who:... dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it...is guilty of Theft. Actus Reus Property Section 4(1) of the Theft Act 1968 defines ‘property’ as:... money and all other property, real or personal, including things in action and other intangible property. This seemingly all encompassing definition is subject to both common law and statutory exceptions. The following do not constitute property: information (Oxford v Moss (1979)); electricity (Low v Blease (1975)); a human corpse (R v Sharpe (1857)); land (s 4(2)); wild plants (s 4(3)); wild animals (s 4(4)). However, there are also some exceptions to the exceptions rendering some of the above capable of being stolen in certain circumstances: a human corpse becomes property capable of being stolen if skill or effort has been exercised on it (Doodeward v Spence (1907)). Moreover, products of the body such as blood and urine are capable of being stolen (R v Rothery (1976); R v Welsh (1974)); land can be appropriated by: a trustee, personal representative or liquidator; someone not in possession can appropriate anything which can be severed from the land; and a tenant can appropriate any fixture (s 4(2)(a), (b) and (c)); wild plants can be stolen if the whole plant is taken or the plant is taken for sale or reward (s 4(3)); wild animals can be stolen if they are tamed or ordinarily kept in captivity or have been, or are in the process of being, reduced into another’s possession (s 4(4)). Intangible Property As we have seen, the definition of ‘property’ contained in s 4 of the Theft Act 1968 includes intangible as well as tangible property...
eBook - ePub- John Hendy, Odette Hutchinson(Authors)
- 2015(Publication Date)
- Routledge(Publisher)
...That is not to say that you should not note the overlap – and this will demonstrate a rounded understanding of all the issues for the examiner – but do ensure that the vast majority of your answer is in relation to the criminal law! If you wander too far off on a tangent you will limit the award of marks that the examiner can make. This chapter will focus on defining a number of key terms such as ‘property’, ‘dishonesty’ and ‘belonging to another’. These terms are vital to fully understanding and applying the law in this area and you need to have a solid understanding of these terms in order to apply them accurately in a problem question. As you work through the chapter, keep focused on these terms, and then test your understanding in the activities at the end. In this chapter we will focus on the Theft Act 1968, and the subsequent Theft Act 1978, which refined the 1968 Theft Act. The Theft Act 1968 brought together the main Theft offences for the first time, clarifying the actus reus and mens rea for each. The offences in the Theft Act 1968 that we will consider in this chapter are: Theft robbery burglary – including aggravated burglary trespass with intent to commit a sexual offence – an overview. Theft The definition of Theft is set out in s 1 of the Theft Act 1968 : (1) A person is guilty of Theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it . . . (2) It is immaterial whether the appropriation is made with a view to gain, or for the thief’s own benefit. The actus reus and mens rea for Theft are: We will now consider each of these five elements in detail. Appropriation It is this element of Theft that causes the most difficulty for students. At first glance, it might be assumed that the term means the physical removal of property, such as physically removing a purse from a handbag...
eBook - ePub- David Brooksbank(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...8 Law of Theft and Related Offences The law relating to stealing is contained in the Theft Act 1968. This Act has proved to be one of the least ambiguous pieces of criminal legislation ever produced. A knowledge of its basic content is essential for the professional security officer. Only certain sections and parts of the Act that are likely to be concerned in the performance of security duties are outlined, and the text extracts from the Act are summaries rather than verbatim quotations. Theft Act 1968 Section 1: basic definition of Theft A person is guilty of Theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. It is immaterial whether the appropriation is made with a view to gain or is made for the thief’s own benefit, and it must be intended to deprive the owner of the property permanently. It follows that there are four salient points that must be proved if an offence is to be successfully prosecuted. These are explained in the subsequent sections of the Act...
eBook - ePub- Jacqueline Martin(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...(Lloyd (1985)) Dealing with another’s property in such a manner that he knows he is risking its loss (Fernandez (1996)) Belonging to another (s 5) Any person owning or having possession or control of the property Can steal own property where another has control of it and a right over it (Turner (No 2) (1971)) 13.1 Theft 1 This is an offence under s 1 Theft Act 1968. 2 The Act states ‘A person is guilty of Theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving that other of it …’ 3 The various parts of the definition are explained in ss 2 to 6 of the Act. 4 For the actus reus of Theft, three points have to be proved: • there was an appropriation • of property • which belonged to another. 5 For the mens rea of Theft, two points must be proved: • dishonesty; and • intention to permanently deprive. 13.1.1 Appropriation 1 ‘Any assumption by a person of the rights of an owner amounts to an appropriation’ (s 3(1) Theft Act. 1968). 2 This includes where the person has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as an owner (s 3(1) Theft Act 1968). 3 From this it can be seen that the meaning of ‘appropriation’ is very wide. It obviously includes physically taking property, but exercising any of the rights of an owner has been held to be an appropriation. Such rights include: • using; • selling; • changing price labels on goods (Anderton v Burnside (1983)); • damaging or destroying (this means that there can be an overlap with criminal damage). 4 The main problem has been whether there can be Theft when the owner of the property has consented to the appropriation...
eBook - ePub- Joycelyn M. Pollock(Author)
- 2015(Publication Date)
- Routledge(Publisher)
...Among these are “unauthorized use of motor vehicle (joyriding),” “Theft of services,” and “Theft of property lost, mislaid, or delivered by mistake.” Sometimes the differences between the different types of Theft are slight. For instance, consider someone entering a used-car lot. If the person saw a car with the keys in the ignition, jumped in, and sped away with the car, this would be larceny. If he obtained permission from the clerk to test-drive the car, promising to but with no intent to return it, this would be larceny by deception. If the clerk ran after him and struggled with him through the open window, this would be robbery. If he told the clerk to let go or he would go find and kill his family, this would be extortion. If he was employed by the car dealership and was asked to move the car, but instead took it to his house with the intent to keep it, this would be embezzlement. Various federal, state, and local statutes include other Theft crimes designed to protect the public against those who would, by some means, deprive owners of their property. Forgery is defined as the false making or material altering, with intent to defraud, of any writing, which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. Many modern statutes include the crime of uttering a forged instrument within the statute defining forgery. Others make this a separate offense. To utter a forged instrument is to offer it, directly or indirectly, by words or actions as good...
eBook - ePub- Eileen Leonard(Author)
- 2015(Publication Date)
- Routledge(Publisher)
...4 Theft By the Rich and Poor DOI: 10.4324/9781315743790-4 In its broadest sense, Theft involves taking money or property from someone illegally, although this encompasses a wide range of unlawful behavior. This chapter explores what criminologists refer to as “conventional property crimes,” such as larceny-Theft, burglary, and auto Theft, as well as corporate Theft. The FBI assembles comprehensive data in its Uniform Crime Reports on larceny-Theft, burglary, and motor vehicle Theft, which it regards as “major crimes” that are nonviolent. These particular crimes are typically associated with underprivileged offenders. Significantly, we have no comparable comprehensive statistics collected by the government on corporate Theft, although we have information about it from various sources. These are the crimes committed by the most powerful among us. We begin with a brief overview of conventional property crimes, and then proceed to a greatly expanded consideration of corporate financial crime on the assumption that the details of these particular offenses tend to be less well known. We explore the volume of corporate crime, its costs, and the harm it incurs. We will see that, despite the serious problems associated with both corporate and conventional Theft, they are treated remarkably differently within the criminal justice system. Most importantly, this chapter will argue that the root of this differential treatment has more to do with power and social inequality than with the dangers these crimes pose to the public. Larceny-Theft Larceny-Theft is defined by the FBI as a completed or attempted Theft of property or cash without the use or threat of force or fraud, and without breaking into a home or business establishment. It includes, for example, shoplifting, stealing a bicycle from a backyard, or taking packages from an unlocked car...
